Fail to provide specimen for analysis - vehicle driver (recordable)

Convicted Driver Insurance
I was outside my car in car park. my car lights were on..."when suspected of having driven a vehicle and have been required to provide a specimen or specimens of breath for analysis in the course of an investigation into wheteher you had commited an offence under section 3A, 4 or 5 thereof, failed without reasonable excuse to do so
-legislation: Contrary to section 7(6) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.
-CCCJS CODE:RT88010'
-ACPO:'12. 15 19.1'
PNLD CODE: 'H29.


I tried to blow into the machine a few time however test could not be completed. I never refused. I was taken to the police station where I tried again but only one test was completed ( blew 127). I have in the past had inhaler/ medication for breathless. I did not refuse blood or urine test but they did not carry out any of the test.

I don't understand why then have been charged with Fail to provide specimen for analysis - vehicle driver (recordable).

I would like advice what is the safer option to plead. this was first time have ever had any dealing with the police. no criminal / driving ofence in the past.
 

Martin Hammond

Solicitor
Good morning,

It is difficult for me to give definitive legal advice on a snapshot of your case but I am happy to give you some general legal information.

The police are well within their rights to charge you with fail to provide even though you did not drive, however defending it can be very difficult and expensive as you need not only to hire a lawyer but also a medical professional to attend Court (assuming they agree with your defence).

Pleading guilty would obviously lead to a disqualification and given the high reading which was taken, it may be more serious than just a fine. A good lawyer would be looking at convincing the Court that the sentence should be reduced due to the fact that there is no proof of driving and that should result in a much lower sentence.

Best of luck with your case.

Kind regards
Martin.
 
Hi Martin

I had hit a boulder while parking the car. my front bumper was dented but the car was drivable when the officer dropped me off back to my car. Pics of the dent were taken next day before I was interviewed. That's what makes me more worried along with the reading.

Thanks and kind regards

Shiv
 
Hi Martin

Fail to provide specimen for analysis – vehicle driver (recordable), H29, RT88010, 803/03 /

I am disputing this concern as I was very cooperative with the police and at no point I refused to give breath specimen. I was myself surprised that I could not blow enough air to complete the breath test.



I then found out that I suffer from a condition called Hiatus Hernia- A hiatus hernia can cause shortness of breath that worsens after eating. A paraesophageal hernia is a type of hiatus hernia that occurs when the stomach squeezes up next to the food pipe. If it grows too big, it can push on the diaphragm and squash the lungs, causing chest pain and shortness of breath. Hiatus hernia is the term used to describe a condition where part of the stomach pushes up into the lower chest through a weakness in the diaphragm. I also suffer from Asthma and on Ventolin inhaler. I have also been diagnosed with Candida, an infection that can affect your beathing and heart rate.

I was unaware of my medical condition however I have had CT scan and Endoscopy recently due to ongoing breathing issues and chest pain That when I found out about this condition.

Does this amount to reasonable excuse?

Thanks and kind regards

Shiv
 
thanks Martin , so do I have to approach my GP or how do you go about requesting medical experts. what sort of cost are usually involved?

Thanks and kind regards

Shiv
 
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